Vanta Legal – Advocate Sudershani Ray

Digital Personal Data Protection Rules, 2025

The Digital Personal Data Protection Rules, 2025 in India aim to preserve individuals’ privacy by putting strict norms in place for data collection, usage, and security, thereby making users more independent over their data.



Introduction

The collection of personal data is happening at a rate unprecedented by digital technology entering everyday life. Concerns have been raised over the use and security of personal data. As a result, the Digital Personal Data Protection Rules, 2025 in India are providing more stringent privacy protections and greater control to the individual. With growing digital interactions, there is a need for secure and transparent data handling. This blog looks into the main principles, legislation, and the impact of the rules on individuals and organizations.


Key Principles of the Digital Personal Data Protection Rules

The Digital Personal Data Protection Rules, 2025 introduce several key principles to safeguard individuals’ data:

1. Data Collection Consent

Obtaining explicit, informed, and revocable consent from any individual whose personal data is to be collected is necessary for any organization. Consent for every specific use case should be specific, and the right to make a difference by withdrawing must be possible without a penalty. Section 1.1 – Consent Management Section 1.1. Consent Management entails that the organization should have a record of the aggregate requests for consent and provide easy access to its users regarding the consent preferences but not have an opt-out regime that causes problems in services.

2. Transparency in Data Handling

Organizations must give clear privacy notices explaining why they collect data, how long they keep it, who they share it with, and your rights. Section 2.1 says these notices should be simple, easy to find, and updated regularly to build trust.

3. Data Minimization

It also stands on the principle of data minimization, which means collecting only what is necessary to provide a specific service. This reduces the risk of unauthorized use. Section 3.1 – Data Retention and Disposal requires organizations to have clear data retention policies to ensure that data is not stored longer than its usefulness and deleted or anonymized securely once no longer required.

4. Rights to Access and Erasure

The rights provided under the rules allow access to and the correction of the data of a person, while demanding deletion once the data are no longer needed. Section 4.1 Right to Access states that an organization shall provide an accessible process for the user to obtain access to his/her data within a given period, which may be, for example, 30 days and also free-of-charge supply of the personal data processed.

5. Data Portability

Such access rights are included in the new rules, according to which there is a data portability right whereby users can shift their data to another service provider. This therefore ensures that it is not necessary to be locked down to one’s service provider due to valuable information.


Acts and Rules Governing Data Protection in India

The Digital Personal Data Protection Rules, 2025 are a part of the larger legal framework in India for protecting personal data. Some of the key acts and rules that support these regulations are:

1. The Personal Data Protection Bill, 2019

The Personal Data Protection Bill, 2019 would be the skeleton of India’s data protection legislation, as this bill outlines what the data fiduciaries would do and would establish the Data Protection Authority of India (DPAI). Section 5.1 Non-Compliance Penalties The organizations will suffer penalties up to 4 percent of annual turnover or ₹15 crores and that is one big deterrent for mishandling personal data.

2. The Information Technology (Reasonable Security Practices and Procedures) Rules, 2011

These rules were brought into force by the Information Technology Act of 2000. These require the organization to follow reasonable security measures so that there is no breach of sensitive personal data. The Digital Personal Data Protection Rules of 2025 are more robust because it has included data subject rights and has also made stringent requirements about the management of consent.

3. The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 has supplemented the data protection legislation by granting a consumer the power to redress his grievances whenever his data privacy is breached. If his data is being misused, he can complain or claim redressal compensation.


Implications of Non-Compliance

Penalties to be implemented in case of a failure to follow the Digital Personal Data Protection Rules, 2025 are:

There is a failure to observe data protection guidelines- that attracts financial fines of up to 4% of global turnover or ₹15 crore. The DPAI would be able to enforce the rule, investigate any complaint that is brought forth, do audits, and impose fines upon companies to keep them serious about the security of data.

A violation can damage the reputation of the company and breach the trust of customers. Misused data to affect individuals can be complained directly to the DPAI or a legal process may be entered for compensation against organizations for failing to protect a person’s information.


Practical Steps for Protecting Your Data

Individuals need to be proactive in protecting their data considering the new rules

  • Use Strong Passwords
  • Set up two-factor authentication (2FA)
  • Check Data Permission Settings
  • Be cautious on shared networks.
  • Keep software updated

Conclusion

One key safeguard of privacy is the Digital Personal Data Protection Rights, 2025. Empowering people for more control of their data is ensured through greater accountability on the part of an organization and in building user confidence by avoiding legal risk and enhancing the safety of data which, in turn, makes this digital world much safer and makes the transition safe to the world of the digit age.

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